Keira Weldon спросил 8 месяцев назад
Veterans Disability Lawsuits — Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits
Veterans with disabilities are often targeted by lawyers who make use of their benefits as a source of cash. You require an attorney who is licensed to manage VA claims.
A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder, and other mental health issues related to a fatal aircraft carrier crash has clinched an important victory. But it comes with the cost of.
Class Action Settlement
The Department of veterans disability lawsuit (Shinhwaspodium officially announced) Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk claims that VA denied his disability claim at a greater rate than white veterans in the last three decades.
Monk who is an ex-psychiatric nurse and retired, says that the discrimination by the VA has caused him and other black veterans to suffer in ways that have affected their health, homes work, education and employment. He would like the VA to compensate him for the benefits it has not provided him, and to alter their policies regarding race, discharge status, and veterans Disability lawsuit denial rates.
In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black veterans were statistically less likely to receive an application for disability than white veterans between 2001 and 2020. In addition the average denial rate was 6.3% higher for veterans of color than for white veterans.
Discrimination is based on PTSD
According to a lawsuit filed on Monday the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite being suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims made by Black veterans in adisproportionate manner.
Conley Monk was a volunteer in the Marines during the Vietnam War, driving a damaged transport vehicle that was prone to bullets as well as helping to move troops and equipment to battle zones. He was eventually involved in two fights that he blamed on his PTSD. In 1971, he was awarded a discharge that was not acceptable. This «bad paper» kept him from getting home loans, tuition aid and other benefits.
He sued the military in order to reverse his discharge. He was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit asserts that he was emotionally damaged by the repetition of his most traumatic experiences with each and every application for benefits.
The lawsuit seeks damages in the form of money and also asks the court to require the VA to examine its systemic PTSD discrimination. The lawsuit is the latest effort by groups like the ACLU and Service Women’s Action Network, to pressure the VA to address the long-standing discrimination against survivors of sexual assault.
Alimony Discrimination
People who have served in the military or who accompanied them, should be aware of the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the most common misconceptions is that courts in the state can confiscate veterans’ VA compensation to pay for child support and alimony. This is not the case. Congress has carefully designed Title 38 of the U.S. Code to safeguard veterans’ payments from claims by family members and creditors including alimony and child support.
Conley Monk, a devoted volunteer for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. He was awarded numerous medals for his service, but he was later issued a less-than-honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. The fight to get the VA to grant his claim for disability compensation was a long and difficult road.
He was denied services at a rate significantly higher than his white peers. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It asserts that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and similar veterans.
Appeal
The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees an opinion of the agency. If you are considering appealing the decision, it is important to appeal as soon as you can. A veteran disability lawyer can help ensure that your appeal meets all requirements and receives an appropriate hearing.
A qualified lawyer can review the evidence to support your claim and, if needed, provide new and additional evidence. A lawyer who knows the VA’s challenges can be more understanding of your situation. This can be a significant asset in your appeals.
A claim for disability from a veteran is usually rejected because the agency didn’t accurately describe their condition. An experienced attorney can ensure that your condition is correctly classified and rated, allowing you to obtain the benefits you need. A professional attorney will also be able to work with medical professionals to provide additional proof of your health condition. For example, a medical expert could be able to prove that the pain you suffer is related to your service-connected injury and that it is causing disability. They might assist you obtain the medical records needed to support your claim.